A petition filed by foreign relatives of the decedent challenging the decedent’s will and the distribution of the proceeds of property sold by a guardian of the decedent was properly dismissed as untimely when it was filed more than 30 … Continue reading
Tag Archives: Statute of limitations
A claim against decedent’s agent for proceeds of property sold more than two years before the decedent’s death, and more than seven years before a petition was filed in the Orphans’ Court, was barred by the two year statute of … Continue reading
Complaint for damages allegedly caused by the negligence of the decedent that was served on the decedent’s spouse and named the decedent’s spouse as personal representative of the decedent’s estate was void when the spouse was never appointed to be … Continue reading
Appellant’s claims against the estate for the decedent’s sales of his cars while he was incarcerated were barred by res judicata because he had unsuccessfully brought the same claims twice in federal court and were also barred by the two … Continue reading
In an action by the estate of a beneficiary of a trust and the charitable organization to which she attempted to appoint her share of the trust against the trustees for breach of fiduciary duty for failing to create a … Continue reading
Based upon a copy of a will alleged to have been signed before the will that was probated, the petitioners attempted to claim the proceeds of sale of real property in Turkey that was sold by the guardian of the … Continue reading
Under the “relation back” doctrine, a lawsuit filed on behalf of an estate by the person appointed as the executor by the decedent’s unprobated will is timely if filed before the statute of limitations has expired even though the petition … Continue reading
Husband was alleged to have improperly converted assets held jointly with his wife into his own name before his death. An action by the estate of the deceased wife against the estate of the deceased husband was not barred by … Continue reading
Real properties were transferred from parent to two children (some of the properties passing by disclaimers) in order to avoid environmental claims, with an oral promise to retransfer to the parent upon his request. After the children failed to retransfer … Continue reading
The decedent’s former wife and her sister had lent large amounts of money to the decedent for his support, and there were written communications sufficient to show an oral contract for enforceable claims against the decedent which were not barred … Continue reading